[2001] EWCA Crim 2611

Defences of provocation and lack of intent could not be considered by a jury under s.4A Criminal Procedure (Insanity) Act 1964 where a person had been found unfit to stand trial. Concern was expressed that the condition for detention under Art.5(1)(e) European Convention on Human Rights, whether it could be reliably shown that a person was suffering from a mental disorder sufficiently serious to warrant detention, was not specifically addressed under the 1964 Act. * Leave to appeal to the House of Lords refused.

CA (Crim Div) (Rose LJ, Richards J, Pitchford J)

22/11/2001